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HomeMy WebLinkAbout08-6534JACOB E. DEHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NOW-V31 CIVIL TERM ALICIA MAY BOUDER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jacob E. Dehoff, residing at 4 Coral Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Alicia May Bouder, residing at 30 Willow Grove Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Acme Amon Jacob Dehoff 4 Coral Drive, Carlisle, PA 17013 2&1/2 The child was born out of wedlock. The child is presently in the custody of Plaintiff/father. During the past three years, the child has resided with the following persons and at the following addresses: Person Address Dates Father 4 Coral Drive, Carlisle 5/12/06- present The mother of the child is the defendant, Alicia M. Bouder. She is unmarried. The father of the child is the plaintiff, Jacob E. Dehoff. He is unmarried. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Relationship Amon Jacob Dehoff subject child 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept custody of the child; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE Wherefore, plaintiff requests the court to grant him custody of the child. ,Adsay D. B ' d EsJuire 37 South Han er Carlisle, PA 17013 Attorney for Plaintiff I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unswom falsification to authorities. Jaco . Dehoff, Plaintiff cp JACOB E. DEHOFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6534 CIVIL ACTION LAW ALICIA MAY BOUDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, November 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 10, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute;, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John . Mangan, r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IIiw'?'A ALN . OSsZWd ZIP AkKONOA d AO ... DEC 1 1 2M 6, ±-' C? JACOB E. DEHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6534 CIVIL ACTION LAW ALICIA M. BOUDER, IN CUSTODY Defendant ORDER OF COURT ?Ch AND NOW this 1 day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jacob E. Dehoff, and the Mother, Alicia M. Bouder, shall have shared legal custody of Amon Jacob Dehoff, age of 2.5 years. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 12/11/08, Mother shall have physical custody of Amon every Monday and Thursday from 6:00 am until 5:30 pm each day. Mother shall pick the Child up in the morning and Father shall pick the Child up in the evening. Mother shall call Father by 5:30 am each day to confirm that she is picking the Child up and Mother shall also call Father on his cell phone about 4:30 pm each day to confirm where Father shall pick the Child up. Mother's periods of physical custody shall be supervised by a mutually agreed upon third person. b. Commencing 12/14/08, Mother shall have physical custody of the Child on alternating Sundays from 10:00 am until 7:00 pm. Mother shall pick up and drop off the Child at Father's residence. Mother's periods of physical custody shall be supervised by a mutually agreed upon third person. C. Mother shall have physical custody of the Child on alternating Wednesdays from 6:00 am until 5:30 pm. Mother shall pick the Child up in the morning and Father shall pick the Child up in the evening. Mother shall call Father by 5:30 am Wednesday morning each day to confirm that she is picking the Child up and Mother shall also call Father on his cell phone about 4:30 pm Wednesday day to confirm where Father shall pick the Child up. If Father is not working on one of these Wednesdays, Mother shall have physical custody of the Child from 10:00 am until 7:00 pm. Mother shall pick up the Child at 10:00 am at Father's residence and Father shall pick up the Child at 7:00 pm at Mother's residence. Mother's periods of physical custody shall be supervised by a mutually agreed upon third person. R d. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, Father shall have Christmas Eve 2008 until Christmas Day at 10:00 am. Mother shall have physical custody of Amon from 10:00 am 12/25/08 until 7:00 pm 12/25/08. Mother's periods of physical custody shall be supervised by a mutually agreed upon third person. 5. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. A status conference is hereby scheduled for February 18, 2009 at 1:00 pm at the Court of Common Pleas, Carlisle, PA 17013. In the event the parties feel that said status conference is not necessary, the parties shall contact the assigned conciliator to cancel. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, N\ -? ?4 \ J. istribution: J-indsay Daire-Baird, Esquire icia Bouder, 4 Tip Top Circle, Carlisle, PA 17015 : John J. Mangan, Esquire Ces n,gtLsc?- I?tS?OQ 6 '1 .Z Hid S 1 330 $0OZ JACOB E. DEHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6534 CIVIL ACTION LAW ALICIA M. BOUDER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Amon Jacob Dehoff 2.5 years Primary Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2008 with the following individuals in attendance: The Mother, Alicia M. Bouder, pro se The Father, Jacob E. Dehoff, with his counsel, Lindsay Daire Baird, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John , Esquire Cus dy onciliator MAR 0 %P 20'N ?k JACOB E. DEHOFF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6534 CIVIL ACTION LAW ALICIA M. BOUDER, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this ilv? day of March 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Jacob E. Dehoff, and the Mother, Alicia M. Bouder, shall have shared legal custody of Amon Jacob Dehoff, born 05/12/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical custody as follows: a. Commencing 12/11/08, Mother shall have physical custody of Amon every Monday and Thursday from 6:00 am until 5:30 pm each day. Mother shall pick the Child up in the morning and Father shall pick the Child up in the evening. Mother's periods of physical custody with Amon shall take place with maternal grandmother, Monica Sjoberg, present or some other mutually agreed upon third person. b. Commencing 12/14/08, Mother shall have physical custody of the Child on alternating Sundays from 10:00 am until 7:00 pm. Mother shall pick up and drop off the Child at Father's residence. Mother's periods of physical custody with Amon shall take place with maternal grandmother, Monica Sjoberg, present or some other mutually agreed upon third person. C. Mother shall have physical custody of the Child on alternating Wednesdays from 6:00 am until 5:30 pm. Mother shall pick the Child up in the morning and Father shall pick the Child up in the evening. If Father is not working on one of these Wednesdays, Mother shall have physical custody of the Child from 10:00 am until 7:00 pm. Mother shall pick up the Child at 10:00 am at Father's residence and Father shall pick up the Child at 7:00 pm. Mother's periods of physical custody with Amon shall take place with maternal grandmother, Monica Sjoberg, present or some other mutually agreed upon third person. d. Mother shall have physical custody of Amon the Friday before Easter Sunday from 6:00 am until 5:30 pm. Additionally, Mother shall have physical custody of Amon on Easter Sunday from 10:00 am until 7:00 pm. Mother, or her appropriate representative, shall provide the transportation. Mother's periods of physical custody with Amon shall take place with maternal grandmother, Monica Sjoberg, present or some other mutually agreed upon third person. e. Mother shall have physical custody of the Child at such other times and locations as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, Father shall have Christmas Eve 2008 until Christmas Day at 10:00 am. Mother shall have physical custody of Amon from 10:00 am 12/25/08 until 7:00 pm 12/25/08. Mother's periods of physical custody with Amon shall take place with maternal grandmother, Monica Sjoberg, present or some other mutually agreed upon third person. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status conference with the assigned conciliator is hereby scheduled for May 27, 2009 at 8:30 am the Court of Common Pleas, Carlisle, PA 17013. In the event the parties feel that said status conference is not necessary, the parties shall contact the assigned conciliator to cancel. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Jyistribution: ?Itee Oesterling, Esquire C/O Alicia Bouder, 2133 Newville Rd., Carlisle, PA 17013 -'I'ohn J. Mangan, Es tuire C 4 :11 WV I I NVW 60oz JACOB E. DEHOFF, Plaintiff V. ALICIA M. BOUDER, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6534 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVEL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Amon Jacob Dehoff 05/12/2006 Primary Father 2. A Conciliation Conference was held with regard to this matter on December 10, 2008, an Order issued December 15, 2008 and a conference was held February 27, 2009 with the following individuals in attendance: The Mother, Alicia M. Bouder, pro se The Father, Jacob E. Dehoff, with his counsel, Lee E. Oesterling, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. ang , Esquire Custo Con iliator